The Sixth Circuit today upheld a summary judgment for a drug manufacturer on a claim, under Sherman Act section 2, that the manufacturer parlayed a program for increasing its market share into a price increase on Premarin, its estrogen replacement drug.  The monopolization claim failed, the court concluded, because plaintiffs didn’t present evidence that the anticompetitive conduct (forcing customers not to buy a competing drug) caused the price rise.  J.B.D.L. Corp. v. Wyeth-Ayerst Laboratories, Inc., Nos. 05-3860 & 05-3988 (6th Cir. May 10, 2007).

Barry Barnett

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